1. Setting Conditions Whom to Divert Victim Satisfaction

2. Issue 1 – Effective Conditions Risk Ineffective/backfiring conditions  no effect/increased offending Potential Evidence-based conditions  reduction in reoffending

3. Issue 1 – Effective Conditions Early Turning Point Findings
Missed evidence-based options
Cognitive-Behavioral Therapy
Combining curfew with non-association
Potentially backfiring options
Group community payback
Short prison visit – Scared Straight

4. Issue 1 – Effective Conditions Turning Point Solutions
Review of what works
Making officers aware of evidence base
Testing in TPP
Officers LOVE it. Extremely empowering – Makes my job a ton of fun!
Frustrating/demoralizing
Do this every day
they know they’ll see the same people back
All have theories about what would work, they love to hear how that fits into the larger evidence-base.
Telling them something has been shown to work means they’re not shooting in the dark!

5. Issue 2 – S.M.A.R.T. Conditions Risk Vague, non-measurable, unenforceable  ineffective, loss of victim/public confidence, legal challenges Potential: S.M.A.R.T.  effective, smooth implementation

6. Early conditions… “Look into anger issues” “Remain of good character”
“Attend GP and get a drink awareness group”
“Refer to Gamcare website”
“Seek alternative accommodations”
“Refer to debt advice charity”
“Obtain GP’s appointment to get a referral to a drug worker”

7. Issue 2 – S.M.A.R.T. Conditions Turning Point Solutions

8. Issue 3 – Dosage Risk Nonflexible OR nonexistent guidelines  criticism of unfairness – non-responsive OR inconsistent Potential Guided discretion  responsive but fair dosage

9. Issue 3 – Dosage Turning Point Findings
Need to adapt to individual circumstances— needs/risk principle
Risk to society
Need of individual
Seriousness of offence
Preference of victim
Some guidelines helpful

10. Issue 4 – Enforcement Risk Heavy police burden of enforcement  police resource intensive OR lack of enforcement Potential Offender responsibility for enforcement  low-resource disposals without sacrificing impact

11. Issue 4 – Enforcement Turning Point Findings
Many conditions/offenders: offender responsible for proof
“Evidence from job centre of attendance and proof of appt's for interviews in relation to jobs”
“To make appointment and attend with evidence of visit to Aquarius”
“To attend Midland Heart and get on list for housing (proof)”
Need to be aware of hurdles
Avoid unfairly punishing those with mental health needs – reduce responsibility
Language/literacy barriers
Technical violations

12. Issue 5 – Whom to divert?
Risk No (or too many) bounds on discretion  non-flexible OR inconsistent… unfair Potential Bounded/guided discretion  flexible but fair

13. Need flexibility, but guidance
A few inappropriate inclusions (reviewed and charged)…
…and exclusions:
“Offender showed intent.”
“No remorse.”
“PIC is a… severe alcoholic and I fear that turning point maybe too late for him.”
“PIC has already been given the opportunity to complete restorative justice and refused to co-operate.”
“Longstanding ongoing neighbour dispute.”

14. Turning Point Victim RCT Issue 6 – Making diversion work for victims
Risk No special procedure in place for victims victims feel diversion is unfair, lose trust and confidence Potential Systems, training in place to attend to victims’ needs victims satisfied, increased trust and confidence
If conditional cautions/community remedy are rolled out without sufficient attention to victims’ needs, substantial problems with victim satisfaction are likely.

15. Making diversion work for victims
Key: careful attention to victims needs, and explanation of motivation
Process
Outcome
Most important factors
Care, respect
Best interests

16. Process Interactional justice Information Procedural justice
Respect, care, concern, effort
Face-to-face
Procedural justice
Fair process
Voices count
Attention to restoration
Information
Updates
Contact information
Leaflet
Complaints process
Accurate sentence

17. Outcomes Rehabilitative vs. punitive outcomes
Most important aspect to almost all victims:
The offender does not commit the crime again
Disagree about best/appropriate approach…

18. … but effectiveness is an empirical question.
Assumption that victims are largely punitive, not so
Open to less punitive measures
Skeptical effectiveness/enforcement of alternatives
Good explanation helps
“Just give them a list of good punish about it, because if you don’t give them good punish about it, they think they get away with it. If they had been given a bit of bad record kind of, then they would understand, they would have their own medicine to think ah, I attacked someone, how did that person feel?”

19. Questions?